As of 1 July 2026, the revised Advertising Code for Social Media & Influencer Marketing (the “RSM”) applies. The rules have not changed significantly, but have mainly been clarified and refined. The RSM now provides clearer guidance on how advertising must be made recognizable and pays greater attention to AI and virtual influencers, as well as the advertiser’s duty of care.

The basic principle remains unchanged: advertising must be immediately recognizable as such. In the case of a paid partnership, a gift or an invitation, the relationship between the advertiser and the influencer must be clear at a glance.

Affiliate marketing is now also explicitly addressed. If an influencer receives commission on sales made through an affiliate link, this must be clearly disclosed, for example by stating: “I receive commission on sales.” Simply using the words “affiliate” or “commission” is not sufficient.

AI and virtual influencers are also addressed in the Code: their use in advertising must not be misleading. For a virtual influencer, responsibility lies with the account owner or the company behind the account. They must comply with the same advertising rules as a human influencer.

For advertisers, the clarification of their duty of care is particularly relevant. Merely stating in an influencer agreement that the advertising rules must be complied with is insufficient. Advertisers must actively inform influencers, correct them where necessary and take action in the event of non-compliance. This already followed from decisions of the Dutch Advertising Code Committee and the Board of Appeal, but is now expressly included in the explanatory notes to the RSM.

What does this mean for advertisers? Now is a good time to review existing influencer briefings and internal procedures. Make sure these reflect the revised RSM, and ensure that influencers know how and where to clearly identify advertising as such.